When a married couple decides their relationship is beyond repair, they usually take formal action to sever ties. If the marriage lasted five, 10 or more years, and if children are involved, such a decision will have implications in all aspects of their lives. Even short marriages can encounter problems in divorce proceedings. Every state, including New York, has its own divorce laws. Before filing, a spouse will want to make sure to seek clarification of those laws so that a settlement can be achieved without delay.
All requirements must be met before the court will process a divorce. There are two main requirements in New York. One is known as a “residency” requirement. The other is commonly referred to as “grounds” for divorce. There are several options within each category.
Residency requirements
There are several ways to meet residency requirements. For example, if a spouse has lived in New York for two consecutive years prior to the divorce petition being filed, it fulfills the requirement. Another way to fulfill the requirement is if the couple resides in this state when the petition is filed, and the grounds for divorce also occurred in this state.
Grounds for divorce include abandonment, adultery, cruelty, irreconcilable differences for six months or longer, and more. An experienced family law attorney can review a case and determine whether all requirements have been met to file a divorce petition. Such an attorney can also be on hand to help resolve any legal complications that arise during proceedings.